House of Lords Journal 241 (Session 2007-08)


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Tuesday 22 July 2008

The House met at 11.00am.

The following Lords Spiritual and Temporal were present:

Hayman, B. (Lord Speaker)

Acton, L.
Adams of Craigielea, B.
Addington, L.
Adonis, L.
Ahmed, L.
Alderdice, L.
Allenby of Megiddo, V.
Alton of Liverpool, L.
Ampthill, L.
Anderson of Swansea, L.
Andrews, B.
Anelay of St Johns, B.
Archer of Sandwell, L.
Arran, E.
Ashley of Stoke, L.
Ashton of Upholland, B.
Astor of Hever, L.
Attlee, E.
Avebury, L.
Bach, L.
Barker, B.
Bassam of Brighton, L.
Berkeley, L.
Best, L.
Bew, L.
Bhattacharyya, L.
Bilimoria, L.
Bilston, L.
Blaker, L.
Blood, B.
Bonham-Carter of Yarnbury, B.
Boothroyd, B.
Borrie, L.
Boston of Faversham, L.
Bowness, L.
Brabazon of Tara, L.
Bradley, L.
Bradshaw, L.
Bragg, L.
Bramall, L.
Brett, L.
Bridgeman, V.
Broers, L.
Brooke of Alverthorpe, L.
Brookman, L.
Brooks of Tremorfa, L.
Brougham and Vaux, L.
Browne of Belmont, L.
Burnett, L.
Buscombe, B.
Butler of Brockwell, L.
Butler-Sloss, B.
Byford, B.
Caithness, E.
Campbell-Savours, L.
Carnegy of Lour, B.
Carter of Coles, L.
Cathcart, E.
Chorley, L.
Christopher, L.
Clark of Windermere, L.
Clarke of Hampstead, L.
Clement-Jones, L.
Clinton-Davis, L.
Cobbold, L.
Colville of Culross, V.
Colwyn, L.
Condon, L.
Cope of Berkeley, L.
Cotter, L.
Courtown, E.
Craigavon, V.
Crawley, B.
Crickhowell, L.
Crisp, L.
Davidson of Glen Clova, L.
Davies of Coity, L.
Davies of Oldham, L.
De Mauley, L.
Dean of Thornton-le-Fylde, B.
Deech, B.
Denham, L.
Dholakia, L.
Dixon, L.
Dixon-Smith, L.
Donoughue, L.
D’Souza, B.
Dubs, L.
Dundee, E.
Eatwell, L.
Eccles, V.
Eccles of Moulton, B.
Elder, L.
Elton, L.
Elystan-Morgan, L.
Erroll, E.
Evans of Parkside, L.
Evans of Temple Guiting, L.
Falkender, B.
Falkland, V.
Falkner of Margravine, B.
Farrington of Ribbleton, B.
Faulkner of Worcester, L.
Ferrers, E.
Flather, B.
Ford, B.
Foster of Bishop Auckland, L.
Foulkes of Cumnock, L.
Fowler, L.
Gale, B.
Garden of Frognal, B.
Gardner of Parkes, B.
Geddes, L.
Gibson of Market Rasen, B.
Gilbert, L.
Glenarthur, L.
Glentoran, L.
Golding, B.
Goodhart, L.
Goodlad, L.
Gordon of Strathblane, L.
Gould of Potternewton, B.
Graham of Edmonton, L.
Greengross, B.
Greenway, L.
Hameed, L.
Hamilton of Epsom, L.
Hamwee, B.
Hanham, B.
Hannay of Chiswick, L.
Harries of Pentregarth, L.
Harris of Haringey, L.
Harris of Richmond, B.
Harrison, L.
Hart of Chilton, L.
Haskel, L.
Haworth, L.
Henig, B.
Higgins, L.
Hilton of Eggardon, B.
Hollis of Heigham, B.
Hooper, B.
Hooson, L.
Howard of Rising, L.
Howarth of Breckland, B.
Howarth of Newport, L.
Howe, E.
Howe of Aberavon, L.
Howe of Idlicote, B.
Howell of Guildford, L.
Howells of St. Davids, B.
Howie of Troon, L.
Hoyle, L.
Hughes of Woodside, L.
Hunt of Chesterton, L.
Hunt of Kings Heath, L.
Hunt of Wirral, L.
Hurd of Westwell, L.
Hylton, L.
Inge, L.
Irvine of Lairg, L.
James of Blackheath, L.

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Janner of Braunstone, L.
Jay of Ewelme, L.
Jay of Paddington, B.
Jenkin of Roding, L.
Joffe, L.
Jones, L.
Jones of Whitchurch, B.
Judd, L.
Kilclooney, L.
King of Bridgwater, L.
King of West Bromwich, L.
Kingsland, L.
Kirkwood of Kirkhope, L.
Laird, L.
Lawson of Blaby, L.
Layard, L.
Lee of Trafford, L.
Lewis of Newnham, L.
Lincoln, Bp.
Lindsay, E.
Lipsey, L.
Livsey of Talgarth, L.
Lofthouse of Pontefract, L.
Lucas, L.
Luke, L.
Lyell, L.
Lyell of Markyate, L.
McColl of Dulwich, L.
Macdonald of Tradeston, L.
McIntosh of Haringey, L.
McIntosh of Hudnall, B.
Mackay of Clashfern, L.
MacKenzie of Culkein, L.
Mackenzie of Framwellgate, L.
McKenzie of Luton, L.
Mackie of Benshie, L.
MacLaurin of Knebworth, L.
Maclennan of Rogart, L.
Maginnis of Drumglass, L.
Malloch-Brown, L.
Mancroft, L.
Mar, C.
Mar and Kellie, E.
Marlesford, L.
Marsh, L.
Masham of Ilton, B.
Massey of Darwen, B.
Mawhinney, L.
Mawson, L.
Mayhew of Twysden, L.
Miller of Chilthorne Domer, B.
Miller of Hendon, B.
Molyneaux of Killead, L.
Monson, L.
Montagu of Beaulieu, L.
Montgomery of Alamein, V.
Montrose, D.
Moonie, L.
Morgan, L.
Morgan of Huyton, B.
Morris of Aberavon, L.
Morris of Bolton, B.
Morris of Handsworth, L.
Morris of Manchester, L.
Morris of Yardley, B.
Moser, L.
Moynihan, L.
Murphy, B.
Naseby, L.
Neuberger, B.
Newby, L.
Newton of Braintree, L.
Northbrook, L.
Northesk, E.
Northover, B.
Norton of Louth, L.
O’Cathain, B.
O’Neill of Clackmannan, L.
Onslow, E.
Oppenheim-Barnes, B.
Ouseley, L.
Oxburgh, L.
Palmer, L.
Park of Monmouth, B.
Patel, L.
Patel of Blackburn, L.
Patel of Bradford, L.
Paul, L.
Pearson of Rannoch, L.
Pendry, L.
Perry of Southwark, B.
Peston, L.
Pilkington of Oxenford, L.
Pitkeathley, B.
Ponsonby of Shulbrede, L.
Prashar, B.
Prosser, B.
Prys-Davies, L.
Puttnam, L.
Quin, B.
Quinton, L.
Quirk, L.
Ramsay of Cartvale, B.
Ramsbotham, L.
Rawlings, B.
Razzall, L.
Rea, L.
Redesdale, L.
Rees-Mogg, L.
Rennard, L.
Renton of Mount Harry, L.
Richard, L.
Ripon and Leeds, Bp.
Roberts of Conwy, L.
Roberts of Llandudno, L.
Rogan, L.
Rooker, L.
Rosslyn, E.
Rowlands, L.
Royall of Blaisdon, B.
Russell-Johnston, L.
Ryder of Wensum, L.
St. John of Bletso, L.
St John of Fawsley, L.
Sandberg, L.
Sandwich, E.
Sawyer, L.
Scott of Needham Market, B.
Seccombe, B.
Selborne, E.
Sewel, L.
Sharp of Guildford, B.
Sharples, B.
Shaw of Northstead, L.
Sheikh, L.
Sheldon, L.
Shephard of Northwold, B.
Shrewsbury, E.
Shutt of Greetland, L.
Simon, V.
Slynn of Hadley, L.
Smith of Clifton, L.
Smith of Gilmorehill, B.
Smith of Kelvin, L.
Snape, L.
Soley, L.
Steel of Aikwood, L.
Steinberg, L.
Strabolgi, L.
Strathclyde, L.
Swinfen, L.
Symons of Vernham Dean, B.
Taylor of Blackburn, L.
Taylor of Bolton, B.
Taylor of Holbeach, L.
Temple-Morris, L.
Teverson, L.
Thomas of Gresford, L.
Thomas of Walliswood, B.
Thornton, B.
Tomlinson, L.
Tonge, B.
Tope, L.
Trenchard, V.
Trimble, L.
Truscott, L.
Tunnicliffe, L.
Turner of Camden, B.
Turner of Ecchinswell, L.
Tyler, L.
Uddin, B.
Ullswater, V.
Verma, B.
Vincent of Coleshill, L.
Waddington, L.
Wade of Chorlton, L.
Wakeham, L.
Wall of New Barnet, B.
Wallace of Saltaire, L.
Walmsley, B.
Walpole, L.
Walton of Detchant, L.
Warnock, B.
Warsi, B.
Warwick of Undercliffe, B.
Watson of Invergowrie, L.
Wedderburn of Charlton, L.
Whitaker, B.
Whitty, L.
Wilcox, B.
Wilkins, B.
Williams of Elvel, L.
Williamson of Horton, L.
Wilson of Tillyorn, L.
Windlesham, L.
Winston, L.
Woolf, L.
Wright of Richmond, L.
Young of Norwood Green, L.

Prayers were read by the Lord Bishop of Ripon and Leeds.

1    Earldom of Aylesford in the Peerage of Great Britain The Petition of Charles Heneage Finch-Knightley claiming to have succeeded to the Earldom of Aylesford in the Peerage of Great Britain and praying that the Clerk of the Parliaments might be directed to enter the petitioner as the Earl

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of Aylesford on the register of hereditary peers maintained under Standing Order 10(5) was presented and was referred to the Lord Chancellor for a report to the House pursuant to Standing Order 11.

2    Leave of Absence Leave of absence was granted to the Lord Speaker for Thursday 9 October.

Select Committee Reports

3    Merits of Statutory Instruments
The following Report from the Select Committee was made and ordered to be printed: 27th Report, on the following negative instruments:

Education (National Curriculum) (Attainment Targets and Programmes of Study in Art and Design in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programmes of Study in Citizenship in respect of the Third and Fourth Key Stages) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in Design and Technology in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programmes of Study in English in respect of the Third and Fourth Key Stages) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in Geography in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in History in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programmes of Study in Information and Communication Technology in respect of the Third and Fourth Key Stages) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programmes of Study in Mathematics in respect of the Third and Fourth Key Stages) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in Music in respect of the Third Key Stage) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programmes of Study in Physical Education in respect of the Third and Fourth Key Stages) (England) Order 2008
Education (National Curriculum) (Attainment Targets and Programme of Study in Science in respect of the Third Key Stage) (England) Order 2008. (HL Paper 164)

4    Constitutional Renewal Bill, Draft
The following report from the Joint Committee was made and ordered to be printed:

Draft Constitutional Renewal Bill. (HL Paper 166)

Public Business

5    Health: dementia A question was asked by Baroness Perry of Southwark and answered by Baroness Thornton.

6    Russia: human rights A question was asked by Lord Judd and answered by Lord Malloch-Brown.

7    Nuclear weapons A question was asked by Lord Hylton and answered by Lord Malloch-Brown.

8    Iran: People’s Mujaheddin Organisation A question was asked by Lord Archer of Sandwell and answered by Lord Malloch-Brown.

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9    Pensions Bill Lord Tunnicliffe, on behalf of Lord McKenzie of Luton, moved that the amendments for the Report stage be marshalled and considered in the following order:

­/table˝
Clauses 1 to 73
Schedule 1
Clauses 74 to 98
Schedule 2
Clause 99
Schedule 3
Clauses 100 and 101
Schedule 4
Clauses 102 to 113
Schedule 5
Clauses 114 to 117
Schedules 6 and 7
Clauses 118 and 119
Schedule 8
Clauses 120 to 125
Schedule 9
Clauses 126 to 142
Schedule 10
Clauses 143 to 145.

The motion was agreed to.

10    Crossrail Bill Baroness Royall of Blaisdon signified the Queen’s consent. The bill was read a third time and passed. The bill was returned to the Commons with amendments.

11    Housing and Regeneration Bill The bill was returned from the Commons with the amendments agreed to.

12    Freedom of Information (Parliament and National Assembly for Wales) Order 2008 The Lord President (Baroness Ashton of Upholland) moved that the draft Order laid before the House on 15 July be approved. After debate, the motion was agreed to.

13    Secure Training Centres: use of restraint (JCHR Report) Lord Dubs moved that this House takes note of the Report of the Joint Committee on Human Rights on The Use of Restraint in Secure Training Centres (11th Report, HL Paper 65). After debate, the motion was agreed to.

14    Iraq The Lord President (Baroness Ashton of Upholland) repeated a ministerial statement made in the House of Commons.

The House adjourned. The House resumed.

15    Crossrail Bill The bill was returned from the Commons with the amendments agreed to.

16    Royal Assent The Lord Speaker (Baroness Hayman) notified the Queen’s Assent to the following Acts:

Housing and Regeneration Act    c. 17

Crossrail Act    c. 18

The House adjourned at 6.51pm until Wednesday 23 July at 10.30am for judicial business, and Monday 6 October at 2.30pm for public business.

Papers

All statutory instruments laid before the House are accompanied by an Explanatory Memorandum presented by command of Her Majesty, unless otherwise indicated.

Command Papers

The following papers were presented to the House by command of Her Majesty:

1    Departmental Performance—Report for 2007-08 of the Prisons and Probation Ombudsman for England and Wales.     (7434)

2    Information Technology—Report for 2008 of the Office of Public Sector Information on the Re-use of Public Sector Information.     (7446)

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3    Security—Government Response to the 5th Report of the House of Commons Home Affairs Committee on Surveillance.     (7449)

4    Finance—Joint Report of the Bank of England, HM Treasury and the Financial Services Authority on Financial stability and depositor protection: special resolution regime.     (7459)

Affirmative Instruments

The following instruments were laid before the House for approval by resolution:

(1)    Draft Police (Conduct) Regulations 2008

(2)    Draft Police Appeals Tribunals Rules 2008

(3)    Draft Police (Performance) Regulations 2008

laid under the Police Act 1996.

Negative Instruments

The following instruments were laid before the House:

1    Education (Specified Work and Registration) (England) (Amendment) Regulations 2008, laid under the Education Act 2002.     (1883)

2    General Teaching Council for England (Eligibility for Provisional Registration) Regulations 2008, laid under the Teaching and Higher Education Act 1998.     (1884)

3    Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2008, laid under the Superannuation Act 1972.     (1891)

4    Mental Health Act 2007 (Commencement No. 7 and Transitional Provisions) Order 2008, laid under the Mental Health Act 2007.     (1900)

5    Community Emissions Trading Scheme (Allocation of Allowances for Payment) (Amendment) Regulations 2008, laid under the Finance Act 2007.     (1939)

6    Tax Avoidance Schemes (Information) (Amendment) Regulations 2008, laid under the Finance Act 2004.     (1947)

7    Insurance Accounts Directive (Lloyd’s Syndicate and Aggregate Accounts) Regulations 2008, laid under the European Communities Act 1972.     (1950)

8    Child Support Commissioners (Procedure) (Amendment) Regulations 2008, laid under the Child Support Act 1991.     (1955)

9    Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2008, laid under the Greater London Authority Act 1999.     (1956)

10    Social Security and Child Support (Decisions and Appeals) (Amendment) Regulations 2008, laid under the Social Security Act 1998.     (1957)

Papers not subject to parliamentary proceedings

The following papers were laid before the House:

1    Report and Accounts for 2007-08 of the Gangmasters Licensing Authority, laid under the Gangmasters (Licensing) Act 2004.

2    (1)    Report and Accounts for 2007-08 of the NHS Institute for Innovation and Improvement

      (2)    Report and Accounts for 2007-08 of the King’s College Hospital NHS Foundation Trust

laid under the National Health Service Act 2006.

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3    Report and Accounts for 2007-08 of the General Teaching Council for England, laid under the Teaching and Higher Education Act 1998.

4    Report of Criminal Justice Inspection Northern Ireland on an Inspection of the Royal Mail Group Crime Investigations Function, laid under the Justice (Northern Ireland) Act 2002.

5    Accounts for 2007-08 of the Grants and Loans to the Housing Action Trusts, together with the Report of the Comptroller and Auditor General, laid under the Housing Act 1988.

6    Report for 2007 on the number of notices served, directions given and enforcement notices served under the Aviation and Maritime Security Act 1990, laid under that Act.

7    Report for 2007 on the number of notices served, directions given and enforcement notices served under the Aviation Security Act 1982, laid under that Act.

8    Report for 2007 on the number of notices served, directions given and enforcement notices served under the Channel Tunnel (Security) Order 1994, laid under that Order.

9    Report for 2007 on the number of notices served, instructions given and enforcement notices served under the Railways Act 1993, laid under that Act.

10  (1)    Report for 2007 of the Intelligence Services Commissioner

      (2)    Report for 2007 of the Interception of Communications Commissioner

laid under the Regulation of Investigatory Powers Act 2000.

11    Report for 2007-08 of the Chief Surveillance Commissioner to the Prime Minister and to Scottish Ministers, laid under the Police Act 1997.

12    Report and Accounts for 2007-08 of the Renewable Fuels Agency, laid under the Renewable Transport Fuel Obligation Order 2007.

Judicial Business

1    Ofulue and another (Appellant) v Bossert (Respondent) (England) The appeal of Agnes Ofulue was presented and it was ordered that in accordance with Standing Order VI the statement and appendix thereto be lodged on or before 6 October.

2    R v JTB (Appellant) (On Appeal from the Court of Appeal Criminal Division) (England) The appeal of JTB was presented and ordered to be prosecuted subject to the procedures applicable thereto.

3    R v Anwoir and others (Petitioners) The petition of Ilham Anwoir, Brian McIntosh and Ziad Meghrabi praying for leave to appeal in accordance with the Criminal Appeal Act 1968 was presented and referred to an Appeal Committee.

4    TRM Copy Centres (UK) Limited and others (Respondents) v Lanwall Services Limited (Petitioners) The petition of Lanwall Services Limited praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee.

5    Sugar (Appellant) v British Broadcasting Corporation and another (Respondents) The appeal was set down for hearing and referred to an Appellate Committee (lodged 21 July).

6    Appeal Committee The 97th Report from the Appeal Committee was agreed to and the following Order was made:

OO (Jordan) (Original Respondent and Cross-petitioner) v Secretary of State for the Home Department (Original Appellant and Cross-respondent) That leave to cross-appeal be given; and that the petition of cross-appeal be lodged by 5 August.

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7    Appeal Committee The 98th Report from the Appeal Committee was agreed to and the following Orders were made:

MW (Liberia) (FC) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the costs of the petitioner be taxed in accordance with the Access to Justice Act 1999; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(c); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

In re P (a child) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

TC (Kenya) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Catalyst Recycling Limited (Respondents) v Nickelhuştte AUE GmbH (Petitioners) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

SK (Sri Lanka) (Petitioner) v Secretary of State for the Home Department (Respondent) That leave to appeal be refused; that the respondent be at liberty to apply for her costs in accordance with direction 5.1(d); and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.